McAlpine v. Burlington Northern & Santa Fe Railway Company

Filing 14

MEMORANDUM AND ORDER, granting 11 MOTION to Dismiss Plaintiff's Complaint Voluntarily Without Prejudice and With Leave to Reinstate filed by Donald J. McAlpine. Signed by Judge J. Phil Gilbert on 2/5/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ILLINOIS
DONALD J. MCALPINE,
Plaintiff,
v.
BURLINGTON NORTHERN & SANTA
FE RAILWAY COMPANY, also known as
BNSF Railway Company,
Defendant.

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No.

14-cv-1235 JPG/SCW

MEMORANDUM AND ORDER
This matter comes before the Court on the Motion to Dismiss (Doc. 11) pursuant to
Federal Rule of Civil Procedure 41(a)(2) filed by the plaintiff. Rule 41(a)(2) provides that only
the Court may dismiss an action after an adverse party has filed an answer or motion for
summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all
the parties. The defendants having no objections, the Court hereby GRANTS the motion to
dismiss without prejudice and DIRECTS the Clerk of Court to close this case.
DATED: February 5, 2015

s/ J. Phil Gilbert
UNITED STATES DISTRICT JUDGE